My dad died january9 ,2009 we start a law suit 3 years ago now they want me to open a estate is there a different way I can go

When you say "we" opened a lawsuit, do you mean you and your father sued someone?

What State?

The title of the action would be changed to "The Estate of X" and, yes, I can see a probate proceeding would have to be handled in order to distribute the proceeds of the lawsuit - again, depending on the State and family structure, the reason for the lawsuit.